Allowed

Md. Abdul Matin v. the State of Assam

Gauhati HC15 Feb 2022Bail Appln./177/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the applicant under Section 439 of the Cr.PC in an NDPS case. The court found the investigation incomplete (62 days in custody) and, lacking material on external dealings under Section 24 of the NDPS Act, concluded there was no ground to believe the applicant was guilty.

What did the court decide?

The accused-petitioner shall be released on bail on furnishing a bond of Rs. 20,000/- with two sureties of similar amount.

Md. Abdul Matin Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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GAHC010012902022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./177/2022

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MD. ABDUL MATIN S/O RAHMAT ALI R/O VILL- HALDIATI DIGHARMUKH P.S. DABOKA, DIST. HOJAI, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MD. A J ATIA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 15-02-2022

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The court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.

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Heard Mr. AJ Atia, learned counsel for the petitioner. Also heard Mr. M Phukan, learned Public Prosecutor, appearing for the State respondent.

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This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioner, namely, Md. Abdul Matin, in connection with Murajhar Police Station Case No. 679/2021 registered under Sections 21(b)/24/29 of the NDPS Act.

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Perused the case diary produced before this Court.

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The investigation of the case is still on.

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The accused-petitioner has been in custody for 62 days, as on date.

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One of the offences alleged against the petitioner is punishable under Section 24 of the NDPS Act. That being so, the rigors of Section 37(1)(b)(ii) of the NDPS Act applies in this case. However, on perusal of the entire materials in the case diary, there is no instance to indicate that the petitioner has been external dealings in respect of contraband involved in this case. There is no whisper even in the materials so far collected against the petitioner in respect of his external dealing of contraband by him from and to India.

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Therefore, in the absence of any material to connect the petitioner with an offence under Section 24 of the NDPS Act, this Court is satisfied that there is reasonable ground for believing that he is not guilty of such an offence under Section 24 of the NDPS Act. On the other hand, in respect of the other offences, 60 days is the statutory period for completion of investigation. That being so, the petitioner is granted bail.

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Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the abovementioned case on furnishing bail bond of Rs. 20,000/- with two suitable sureties of the like amount, to the satisfaction of the learned jurisdictional Special Judge under the NDPS Act.

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The direction for bail is further subject to the conditions that the accused-

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petitioner:

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(a) shall not leave the territorial jurisdiction of the learned jurisdictional Special Judge under the NDPS Act, without prior written permission from him;

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(b) shall not hamper with the investigation, or

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tamper with the evidence of the case; and

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(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer

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The petition stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Md. Abdul Matin v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Abdul Matin v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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